PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of February 19, 2016 No. 63

About enhancement of work with the property withdrawn, arrested or turned into the income of the state

(Extraction)

For the purpose of enhancement of work with the property withdrawn, arrested or turned into the income of the state I decide:

1. Abolish the commissions on work with the property turned into the income of the state, having transferred their functions to Department on humanitarian activities of Administration of the President of the Republic of Belarus (further - Department).

2. Approve Regulations on accounting treatment, storages, estimates and the realization of the property withdrawn, arrested or turned into the income of the state it (is applied).

3. Determine that:

3.1. for the purposes of this Decree terms are used in the values determined in appendix 1;

3.2. information exchange of the bodies and organizations performing accounting, storage, work on check of property on quality and safety, assessment, realization, other use, destruction of property is performed by the direction of the relevant documents and information on paper and inclusions of data in AIS "Seized property" according to the procedure, determined by the Provision approved by this Decree;

3.3. creation, operation and program and technical support, including upgrade of the software, AIS "Seized property" are performed at the expense of means of the republican budget, and also other sources which are not forbidden by the legislation;

3.4. in AIS "Seized property" the bodies and the organizations performing accounting, storage, work on check of property on quality and safety, assessment, realization, other use, destruction of property enter the data provided by the Provision approved by this Decree including:

about the bodies and the organizations performing accounting, storage, work on check of property on quality and safety, assessment, realization, other use, destruction of property;

about property by groups of goods, its quantity, cost (price);

about realization, other use of property, its destruction;

about cash amount, received from realization or other use of property, and also cash amount transferred into the budget;

3.5. are not subject to inclusion in AIS "Seized property" of the data constituting the state secrets;

3.6. responsibility for ensuring timeliness, completeness and reliability of entering into AIS "Seized property" of data is assigned to the workers determined by heads of the bodies and organizations performing accounting, storage, work on check of property on quality and safety, assessment, realization, other use of property;

3.7. data from AIS "Seized property" are provided to state bodies and the organizations on a grant basis only for the solution of the questions entering their competence with observance of requirements of the legislation on information, informatization and information security;

3.8. Department:

is the owner of AIS "Seized property";

performs organizational and methodological ensuring forming and maintaining AIS "Seized property";

coordinates work of the bodies and organizations performing accounting, storage, work on check of property on quality and safety, assessment, realization, other use, destruction of property for entering of data into AIS "Seized property";

3.9. accounting, assessment and realization (repayment) of the arrested confiscated or turned into the income of the state by different way of the securities and also confiscated or turned into the income of the state by different way of shares in authorized funds of legal entities are performed:

the republican state bodies authorized by Council of Ministers of the Republic of Belarus - concerning shares in authorized funds of legal entities, securities including carried to those according to the legislation (except securities of National Bank), and also personalized privatization checks "Property" before the termination of term of their address;

National Bank - concerning securities of this bank;

3.10. for office use;

3.11. the money received by Department according to the procedure, provided by the Provision approved by this Decree from the implementing organizations, other organizations or persons to whom the property is transferred, is considered on the single treasurer account according to the procedure established by the Ministry of Finance and not assessed with taxes, charges (duties) on condition of their use on:

content and development of material and technical resources of managements of Department in areas, in Minsk and Minsk region;

compensation of the employees of Department who are not the government civil servants including managements of Department on areas, across Minsk and the Minsk region;

other purposes provided in the profit and loss budget of extrabudgetary funds of Department approved in the procedure established by the legislation;

3.12. The department has the right to place the money which arrived from the implementing organizations, other organizations or persons to whom the property, is transferred to deposits (deposits) in banks. The percent received from investment of funds in deposits (deposits) are used on the purposes specified in paragraphs the second or fourth subitem 3.11 of this Item and for the purposes of the taxation are not included non-operating incomes;

3.13. balances in cash, unused for the end of financial year, on the single treasurer account and in deposits (deposits) of Department are used by Department in the following financial year on the purposes provided by paragraphs the second or fourth subitem 3.11 of this Item;

3.14. control of activities of the state bodies authorized according to the legislation to make withdrawal, seizure of property, it is performed by Department in the form of carrying out monitoring according to the procedure, the provided Regulations on procedure for carrying out monitoring approved by the Presidential decree of the Republic of Belarus of October 16, 2009 No. 510;

3.15. executive actions of forced nature concerning the property turned into the income of the state, are performed without collection (deduction) of money.

4. Make changes and additions to the following presidential decrees of the Republic of Belarus:

4.1. The regulations on Department on humanitarian activities of Administration of the President of the Republic of Belarus approved by the Presidential decree of the Republic of Belarus of November 13, 2001 No. 660 "About some questions of activities of Administration of the President of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2001, No. 108, 1/3210; 2002, No. 100, 1/4004; 2004, No. 35, 1/5344; No. 120, 1/5713; 2007, No. 16, 1/8265; No. 83, 1/8471; No. 289, 1/9155; 2011, No. 137, 1/13131; 2012, No. 42, 1/13425) to be reworded as follows it (is applied);

4.2. in the Presidential decree of the Republic of Belarus of September 4, 2006 No. 559 "About work with the property withdrawn, arrested or turned into the income of the state":

to state the name of the Decree in the following edition:

"About entering of amendments and changes into presidential decrees of the Republic of Belarus";

exclude the words "For Office Use";

Items 1-3, subitems 4.3-4.6 of Item 4, Items 6-9 to recognize invalid;

4.3. in the column "Sphere of Control (Supervision)" of Item 6 of the list of the controlling (supervising) bodies and spheres of their control (supervising) activities, No. 510 approved by the Presidential decree of the Republic of Belarus of October 16, 2009 "About enhancement of control (supervising) activities in the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2009, No. 253, 1/11062; National legal Internet portal of the Republic of Belarus, 31.07.2012, 1/13654):

after paragraph two to add the column with paragraphs of the following content:

"control of realization or other use of the property withdrawn, arrested or turned into the income of the state

control of completeness and timeliness of transfer in budget receipt of money from realization and other use of the property withdrawn, arrested or turned into the income of the state";

third to consider the paragraph the paragraph the fifth;

4.4. for office use.

5. To Administration of the President of the Republic of Belarus:

5.1. in six-months time:

together with regional executive committees, the Minsk Gorispolkom to take measures for abolition of the commissions on work with the property turned into the income of the state, and also for creation and functioning of managements of Department for areas, across Minsk and the Minsk region, including on provision on a grant basis of rooms for their placement;

take other measures for implementation of this Decree;

5.2. determine from the moment of input in continuous operation of AIS "Seized property" procedure for its forming and maintaining.

6. To Council of Ministers of the Republic of Belarus in six-months time:

approve the list of positions of the employees of Department who are not government employees including managements of Department on areas, across Minsk and the Minsk region, and also procedure and payment terms of work of persons working at the specified positions;

provide preparation and entering in accordance with the established procedure into the House of Representatives of National assembly of the Republic of Belarus of the bill of the Republic of Belarus providing reduction of the laws in compliance with this Decree;

provide reduction of acts of the legislation in compliance with this Decree;

take other measures for implementation of this Decree.

7. To provide to the Investigative Committee, the State Control Committee, the Prosecutor General's Office, the State inspection of protection of animal and flora in case of the President of the Republic of Belarus in six-months time reduction of the legal acts in compliance with this Decree and to take other measures for its realization.

8. To Administration of the President of the Republic of Belarus, the Investigative Committee, the State Control Committee, the Prosecutor General's Office, the State inspection of protection of animal and flora in case of the President of the Republic of Belarus, to republican state bodies and other organizations in the course of work on accounting, storage, assessment, realization, other use, destruction of property to provide transition to use of AIS "Seized property" after input it in continuous operation.

9. Grant the right to explain questions of application of this Decree to Administration of the President of the Republic of Belarus.

10. Recognize invalid decrees and separate provisions of presidential decrees of the Republic of Belarus (appendix 2).

11. This Decree becomes effective in the following procedure:

Items 1-4, 10 - in six months after official publication of this Decree;

other provisions of this Decree - after its official publication.

Appendix 1

to the Presidential decree of the Republic of Belarus of February 19, 2016 No. 63

List of terms and their determinations

1. AIS "Seized property" - the state automated information system by means of which information exchange of subjects of automation regarding functions of introduction, viewing, the analysis, adjustment and storage of information on the property which is subject to accounting and control from the bodies and the organizations which are subjects of automation according to their powers, including information on storage, realization and other actions with property is performed.

2. Auction - method of sale of property from the biddings (the electronic biddings).

3. Safety of property - set of properties and characteristics of property in case of which it does not pose hazard to life, health of the person, its property, the environment in case of usual conditions of its use, storage and utilization.

4. Expense recovery - use of the means provided according to the budget legislation on fee on storage, the translation of information on property on state languages, to work on check of property on quality and safety, other work types (examinations), to assessment, the organization and holding auctions for sale of real estate, destruction of property.

5. Death of property - loss by property of the consumer properties answering to basic purpose of property when recovery of these properties requires the costs equal or exceeding the cost of this property or it is impossible.

6. The document - the paper document, its electronic display or the electronic copy, the electronic document. Confirmation of integrity and authenticity of the electronic document is performed by application of the certified means of the digital signature developed with use of open key which certificate is published by republican certification center of the State management system open keys of verification of the digital signature of the Republic of Belarus.

7. The interested person - the owner of property, its owner, person at whom the property is withdrawn, arrested, or their representatives.

8. Identification of property - establishment of identity between the existing property and the available information on him (including its functional purpose, type, standard sizes, models, articles).

9. Property - the property withdrawn, arrested or turned into the income of the state, property on which collection on account of the unexecuted tax liability, unpaid penalty fee, and the property exempted from arrest by the body conducting the criminal procedures, goods detained by customs authorities and which were not demanded in the terms established by the Customs code of the Eurasian Economic Union and the goods placed under customs procedure of refusal for benefit of the state addresses.

10. Property of the debtor - property on which collection on account of the unexecuted tax liability, unpaid penalty fee addresses.

11. The property turned into the income of the state, - the property seized under sentence (resolution) of court or turned into the income of the state otherwise.

12. The property exempted from arrest - the property exempted from arrest by the body conducting criminal procedure for its realization at stage of preliminary inquiry for the purpose of compensation of damage (harm) caused by crime, payments of income gained in the criminal way, other property penalties under control of body in which production there is criminal case.

13. Property which realization is impossible, - property which realization according to the legislation is forbidden or which on the qualitative indexes, consumer properties cannot be realized.

14. The property, realization or other use of which is economically inexpedient, - the property, draft cost or cost of which does not exceed the possible (expected) expenses connected with fee on storage, the translation of information on property on state languages, to work on check of property on quality and safety, other work types (examinations), assessment and expenses of the implementing or other organization (on delivery of property and its realization or other use).

15. The property requiring special storage conditions - property, including animals, plants for which in case of storage and transportation according to requirements of technical regulatory legal acts, obligatory for observance, measures of protection from action on it high or low temperatures or providing permanent optimum temperature condition (chilling, freezing, heating) and (or) leaving, content or servicing are required (moistening, watering, aeration, rotation, kantovka and another).

16. Quality of property - set of the properties and characteristics of property relating to its capability to satisfy the established and (or) estimated requirements of the buyer (safety, functional suitability, operational characteristics, reliability, economic, information and esthetic requirements and another).

17. Competent authorities - courts, republican state bodies, and also bodies (territorial authorities), other state bodies, the officials given authority entering their system to make decisions on the address of property to the income of the state (the address of claim to property).

18. Starting price of sale - the cost with which sale of property at auction begins.

19. Real estate - the parcel of land, capital structure (the building, construction), the incomplete preserved and not preserved capital structure, the isolated room, including residential, shares in the property right to this property, the parking place, the company as property complex, the air and ocean ship, the inland navigation vessel, the vessel mixed (the river - the sea) swimmings, other types of real estate in the cases established by legal acts.

20. The organizer of auction - the organization which will organize also holds auction for sale of real estate.

21. Property assessment - determination of market value of property.

22. The subsequent accounting of property - system of the continuous collection of data on property (in quantitative and value term) performed by managements of Department on areas across Minsk and the Minsk region, including the interdistrict departments created in them (further - divisions of Department), generalization of such data.

23. Provisional estimate of property - determination of draft cost of property.

24. Draft cost of property - the property value determined by authorized body.

25. Industrial conversion of property - process of impact on property as a result of which its organoleptic and physical and chemical indicators finally change.

26. The implementing organization - the state legal entity, the non-state organization, one of founders of which is the state body or the state legal entity, the organization of consumer cooperation included in the list of legal entities to which the property is transferred for realization approved by the department director in coordination with regional executive committees, the Minsk Gorispolkom (further - the list of the implementing organizations).

27. Risk of accidental death of property - risk of possible losses in connection with death or spoil of property, loss of the consumer properties by it.

28. Market value of property - the property value calculated by market evaluation methods.

29. Data - documents and the information on property containing in them including included in AIS "Seized property".

30. Seasonal goods - goods which or are absent in the market during the certain season (the period within year) or its quantity and the price are characterized by the periodic fluctuations connected with season (season) (clothes, footwear, fur products and another).

31. Perishable property - the food staples and foodstuff with limited expiration date to 30 calendar days requiring for preserving quality and safety of observance of special temperature and (or) other conditions.

32. Special means - rubber sticks, handcuffs, means for forced stop of vehicles, other types of special means in the cases provided by legal acts.

33. Specific property - property which analogs are absent in the Republic of Belarus or the market of which it is limited.

34. Technically difficult goods - goods of household purpose in which are inherent consumption, development or transformation of different types of energy, including muscular force (TVs, the computer equipment, video cameras, cameras, refrigerators, washing machines, kitchen machines for cooking and another).

35. Warehouse - specially allocated and equipped construction used by the implementing organization for storage of property including shop warehouse.

36. Merchandising examination - the studying of consumer properties of property made by its visual survey and also on organoleptic properties.

37. The vehicle - mechanical, combined or the towed vehicle intended for operation mainly on highways public of all categories, which is subject to state registration and the state accounting including the bus, the car, the road train, the wheel tractor, the moped, motor scooter, the motorcycle, the minibus, semitrailer truck, trail car, the truck tractor, the self-propelled machine.

38. Destruction of property - process of impact on property in case of which there is final fracture of property or its reduction in the condition excluding possibility of its further recovery and use.

39. Authorized bodies - the bodies and the organizations performing withdrawal, seizure of property according to legal acts and (or) recording property.

40. Utilization of property - type of industrial conversion of property.

41. The keeper * - the organization, storage facilities (territory) of which allow to ensure safety of property that is confirmed by the act of inspection, having allowing documents if availability of such documents is stipulated by the legislation, and included in the list of legal entities to which the property is transferred to storage approved by the department director (further - the list of keepers), the other person (his representative) who accepted property on storage.

______________________________

* For the purposes of this Decree the authorized body is not keeper.

42. Sales price - the price at which the property is realized.

43. The expert opinion - the document constituted by the expert-appraiser in results of assessment.

44. The expert-appraiser is the appraiser of the state organization, economic society, more than 50 percent of shares (share in authorized fund) of which belong to the Republic of Belarus and (or) its administrative unit performing estimative activities, the Belarusian Chamber of Commerce and Industry, its division created by it the unitary enterprise for rendering services, other organization, included by Department in the list of experts-appraisers.

45. The terms "residents of the Republic of Belarus" and "nonresidents of the Republic of Belarus" are used in the values determined by the Law of the Republic of Belarus of July 22, 2003 No. 226-Z "About currency control and currency exchange control".

Appendix 2

to the Presidential decree of the Republic of Belarus of February 19, 2016 No. 63

List of invalid decrees and separate provisions of presidential decrees of the Republic of Belarus

1. The presidential decree of the Republic of Belarus of October 2, 2003 No. 432 "About enhancement of work with the property turned into the income of the state" (The national register of legal acts of the Republic of Belarus, 2003, No. 112, 1/4969).

2. Subitems 1.13 and 1.29 of Item 1 of the Presidential decree of the Republic of Belarus of March 1, 2007 No. 116 "About some questions of legal regulation of the administrative responsibility" (The national register of legal acts of the Republic of Belarus, 2007, No. 83, 1/8471).

3. Subitems 1.4 and 1.7 of Item 1 of the Presidential decree of the Republic of Belarus of November 26, 2007 No. 602 "About modification and amendments in some presidential decrees of the Republic of Belarus concerning work with the property withdrawn, arrested or turned into the income of the state" (The national register of legal acts of the Republic of Belarus, 2007, No. 289, 1/9155).

4. Subitem 1.57 of Item 1 of the Presidential decree of the Republic of Belarus of May 28, 2008 No. 286 "About modification, amendments and recognition voided some presidential decrees of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2008, No. 133, 1/9730).

5. The presidential decree of the Republic of Belarus of October 7, 2008 No. 552 "About modification and amendments in some presidential decrees of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2008, No. 248, 1/10106).

6. Subitem 1.11 of Item 1 of the Presidential decree of the Republic of Belarus of May 12, 2009 No. 241 "About modification and amendments in presidential decrees of the Republic of Belarus concerning the budget relations and recognition voided some presidential decrees of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2009, No. 119, 1/10688).

7. For office use.

8. For office use.

9. For office use.

10. For office use.

11. For office use.

12. For office use.

13. For office use.

Approved by the Presidential decree of the Republic of Belarus of February 19, 2016 No. 63

Regulations on accounting treatment, storages, estimates and the realization of the property withdrawn, arrested or turned into the income of the state

(Extraction)

Section I. Basic provisions

Chapter 1. General provisions

1. Action of this provision extends to the property (except for money, cryptocurrency, securities, shares in authorized funds of legal entities) withdrawn, arrested, and also confiscated under sentence (resolution) of court or turned into the income of the state otherwise, property on which collection on account of the unexecuted tax liability, unpaid penalty fee, and the property exempted from arrest by the body conducting criminal procedure addresses.

Accounting, storage, assessment, realization or other use, destruction of the goods detained by customs authorities and which were not demanded in the terms established by the Customs code of the Eurasian Economic Union, and the goods placed under customs procedure of refusal for benefit of the state and compensation of expenses by customs authorities on storage, work on check of goods on quality and safety, other work types (examinations), assessment to destruction of such goods are performed according to this Provision taking into account the features established by the Law of the Republic of Belarus of January 10, 2014 No. 129-Z "About customs regulation in the Republic of Belarus".

2. In case of information exchange by the bodies and organizations performing accounting, storage, work on check of property on quality and safety, assessment, realization, other use, destruction of property viewing of the data entered in AIS "Seized property", their analysis is carried out. By results of the carried-out analysis of data if necessary their adjustment in AIS "Seized property" is performed.

Chapter 2. Accounting of property

3. Authorized bodies record the property including recognized by the physical evidence on criminal case according to this Provision based on the decision (the act, the protocol, the resolution) of authorized body on withdrawal and (or) seizure of property and (or) the belongings list, other documents of authorized body which creation is provided by the procedural legislation, except as specified, specified in this Provision.

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